HAR §15-215-81. Variances

(a) Purpose. This section is intended to provide a mechanism for relief from the strict application of the rules where the strict application will deprive the property owner of privileges enjoyed by similar properties because of the subject property ' s unique and special conditions. Economic or financial hardship alone is not sufficient justification for granting a variance. (b) Applicability. All requirements of the rules are mandatory unless approval of variance is obtained, except as limited by this section. (c) Types. There shall be two types of variances - minor and major. Each type shall be subject to the decision-maker review and action pursuant to Figure 1.1 (approval requirements matrix), dated September 2012, made a part of this chapter, and attached at the end of this chapter: (1) Minor variances shall apply to projects on lots 40,000 square feet or less and are subject to executive director review and action; and (2) Major variances shall apply to projects on lots over 40,000 square feet and are subject to authority review and action. (d) Findings. Approval of a variance shall require all the following findings of fact: (1) Uniqueness. That there are unique physical conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to and inherent in the particular lot; and that, as a result of such unique physical conditions, practical difficulties or unusual hardship arise in complying strictly with the standards of the rules; (2) Self-created hardship. That the practical difficulties or unusual hardship claimed as 215 - 58 3054 §15-215-81 the basis for a variance has not been created by the owner or by a predecessor in title; (3) Minimal deviation. That the variance, if granted, is the minimum deviation necessary to afford relief; and to this end, the decision-maker may permit a lesser variance than that applied for; (4) Character of the transect. That the variance, if granted, will not alter the existing or planned character of the transect in which the lot is located; will not substantially impair the appropriate use or development of adjacent property; and will not be detrimental to the public welfare; and (5) No adverse impact. The variance would result in development that is not detrimental to or that would adversely impact adjacent properties. (e) Variances for buildings for civic uses. In addition to the findings required by this section, there must also be a finding that the building and use provides a public service dedicated to arts, culture, education, recreation, government, transit or public parking and is uniquely designed to feature as a prominent, architecturally significant contribution to the built environment such that deviation from the provisions of the rules is warranted in order to grant approval for a variance involving a new building or substantial modification to an existing building providing for a civic land use classification of Figure 1.7 (land use summary), dated September 2012, made a part of this chapter, and attached at the end of this chapter. (f) Limitations. The following shall not be eligible for variance approval: (1) Change of transect zone; (2) Deletion of any thoroughfare identified in the thoroughfare plan; or 215-59 30 5 4_. §15-215-81 (3) Figure 1.12 (view corridors), dated September 2012, made a part of this chapter, and attached at the end of this chapter. (g) Submittal requirements. Each variance application shall include, at a minimum, the following: (1) A statement of the standard or standards that are the subject of the proposed variance; (2) A textual description of the manner in which the developer proposes to deviate from such evaluation standard or standards; (3) Plans drawn to scale, showing the nature, location, dimensions, and elevation of the structure, area or part thereof that is the subject of the proposed variance; including the development projects relationship to the surrounding context; (4) A justification for the proposed variance in light of the requirements set forth above; and (5) Any other information as may be required by the decision-maker. (h) Conditions of approval. In approving a variance, the decision-maker may impose any reasonable conditions to ensure that the project complies with the section 15-215-81 (d) (findings) . [Eff QCJ 2_ 7_ 2012 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-215-82 Master plan. (a) Purpose. The provisions of this section are intended to encourage investment in new development and commitment to the comprehensive planning of large land holdings. A further purpose of this section is to derive public benefits, such as reserved housing, public parking, off-site infrastructure and other public facilities from master plan developers, in exchange for greater development flexibility for a specified period. (b) Applicability. Developers of project sites over twenty acres in T3 general urban, T4 urban center 215-60 §15-215-82 and T5 urban center high intensity are eligible to apply for a master plan permit. (c) Submittal requirements. Each master plan permit application shall include, at a minimum, the following: (1) Plans and supporting information sufficient to clearly indicate the pattern and implications of developm ent within the master plan area; (2) Proposed development phasing and timeframe; (3) Proposed number, location, type and si ze of reserved housing; (4) Proposed public facility improvements; (5) A thoroughfare plan that ensures adequate connectivity within the master plan area. The thoroughfare plan shall provide information on appropriate street types within the master plan area. Continuous street connections within the master plan area shall be provided at least every 1,200 feet; and (6) Such other information as may be required by the executive director or authority. (d) Findings. The authority shall make the following findings of fact in order to approve a master plan permit: (1) That the master plan implements and is consistent with the KMP and Kalaeloa CDD rules; and (2) That the master plan will either enhance provide required public facilities, as provided for in section 15-215-64 (dedication of public facilities). (e) Public facilities. All public facilities above those required by these rules and other administrative rules of the authority may be voluntarily offered by the master plan applicant. (f) Effective period and time extension: (1) A master plan may be granted an effective period of up to ten years; and (2) The authority may authorize two time extension of five years each. 215-61 or 3054 30 5 4 §15-215-82 [Ef f QCr 2 7 2012 ] (Auth: HRS § §2 06E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-215-83 Completeness review. (a) Purpose. The purpose of the completeness review is to determine whether all required information is provided in a permit application. A completeness review shall not constitute a decision as to whether an application complies with the provisions of the rules. (b) Applicability. This section applies to all permit applications provided for in these rules. (c) Application materials . No application may be deemed complete unless all of the information required by forms published by the authority is included and all filing fees have been paid . The executive director shall ensure that application materials are made available in hardcopy format at th e HCDA office and electronically via the internet. (d) Jurisdiction. All applications shall be reviewed by the executive director for completeness. At the time of proposed filing and fee payment, the executive director may reject any application that omits information required by forms published by the HCDA. Once accepted for filing, the executive director's final determination on completeness of an application is appealable to the authority pursuant to section 15-215-86 (appeals). (e) Commencement of time limit for application decision. Whenever the rules establish a time period for processing an application, such time period does not commence until the executive director has issued a certificate of completeness. (f) Multiple permit approvals. When a proposed project requires more than one permit approval, the developer shall apply for all such permit approvals concurrently. (g) Completeness review process: (1) The executive director shall provide a written determination on the completeness review within forty-five business days of 215-62 §15-215-83 receipt of the permit application, excluding all State holidays. If a permit is deemed complete, the executive director shall issue a certificate of completeness. If the application is determined not to be complete, the executive director"s determination shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application; (2) If the application requires review by any other local, state, or federal agency or entity, the executive director may require the written comment s from such agency or entity prior to deeming the application complete and until such time that the executive director receives all such comments, the forty-five day period shall be tolled; (3) Upon receipt of any application that has been resubmitted, a new forty-five day period shall begin, during which period the executive director shall determine the completeness of the application; (4) If the authority does not render a decision on the appeal within sixty working days after submittal of the requisite appeal form and filing fee, the application with the submitted materials shall be deemed complete for the purposes of this section; and (5) Nothing in this section precludes a developer and the executive director from mutually agreeing to an extension of any time limit provided by this section. (h) Time limits. A certificate of completeness is deemed issued if the executive director fails to act within the time period required for completenes s review. In computing time periods of this section, 215-63 3054 §15-215-83 the day upon which the application was submitted is not to be included. Further, the last day is to be included unless it is not a business day, in which event the period runs until the next business day which is not a State holiday . (i) Information requests. After the executive director issues a certificate of completeness or per this section, the executive director or authority may, in the course of processing the application, request the developer to clarify, amplify, correct, or otherwise supplement the information required for the application, if such would be required by the decision-maker to render a final determination on the merits. [EffQCT 2 7 2012 ] (Atlth: HRS §§206E-4, 206E-5, 206E-7) {Imp: HRS §§206E-4, 206E-5, 206E-7) §15-215-84 Automatic approvals. The following permits shall be deemed approved if a certificate of completeness has been issued and no decision is rendered within the following review periods: (1) Rules clearance and conditional use of vacant land (sixty calendar days); (2) Improvement Permit (ninety calendar days); (3) Development permit (one hundred twenty calendar days) ; (4) Conditional use permit (one hundred twenty calendar days); (5) Variance (one hundred sixty calendar days); and (6) Maste~~lan itwo hundred calendar days). [Eff ULI 2 7 2012 ] (Auth: HRS _§§206E-4, 206E-5, 206E-7) (Imp: . HRS §§20 .6E-4, 206E-5, 206E-7) §15-215-85 Effective period. (a) Rules clearance approvals shall have an effective period of one year . (b) Improvement permits, development permits, conditional use of vacant land, conditional use permits and variance approvals shall have an effective 215-64 §15-215-87 period of two years, unless extended under -these rules. (c) Master plan permits shall have an effective period of ten years, unless extended pursuant to section 15-215-82 (master plan). (d) Prior to expiration and upon submittal of a written request and payment of the applicable filing fee, the executive director may authorize two time extensions of one year each for improvement permits. The authority may authorize two time extensions of one year each for development permits. (e) In computing the effective period, the day upon which the approval was granted is not to be included. [EffQCT 2 7 2012 ] (Auth: HRS-'§§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7)